2 resultados para Provincial Jurisdiction

em Greenwich Academic Literature Archive - UK


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Traces the development of the law relating to the enforceability of pre-nuptial agreements, given the potential conflict between such an agreement and the jurisdiction of the court to determine financial provision on divorce. Sets out the 16 point checklist laid down by K v K (Ancillary Relief: Prenuptial Agreement) against which the enforceability of an agreement should be judged. Comments on the significance given to the pre-nuptial agreement in ancillary relief proceedings in Crossley (Susan) v Crossley (Stuart), where the parties were required to show why the agreement should, or should not, determine the outcome of the proceedings.

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Discusses the law relating to the payment of occupation rent to a co-owner by the party remaining in the property after a relationship breakdown both under the Trusts of Land and Appointment of Trustees Act 1996 and where the Act is not applicable. Considers, with reference to the Chancery Division decision in Re Barcham, whether a trustee in bankruptcy acting on behalf of the non-occupying person can claim an occupation rent under the court's equitable jurisdiction.